South Australian Current Acts

TRUSTEE ACT 1936 - SECT 28A

28A—Power to release equity of redemption in satisfaction of mortgage debt

        (1)         Where an equity of redemption is vested in a trustee and the mortgaged property is not of greater value than the amount of the mortgage debt, the trustee may release the equity of redemption to the mortgagee in discharge of the mortgage debt or part thereof.

        (2)         The trustee shall not be chargeable with breach of trust nor shall the release be impeached by any beneficiary upon the ground only that the mortgaged property was of greater value than the amount of the mortgage debt or of the part thereof discharged, provided that the trustee has acted in good faith and on the advice of a person whom he reasonably believed to be a competent valuer instructed and employed independently of the mortgagee, whether the valuer carried on business in the locality where the property is situate or elsewhere.

        (3)         This section applies whether the equity of redemption vested in the trustee before or after the commencement of the Trustee Act Amendment Act 1941 .